Hi Tyler,
In follow-up to your email of November 29th (We hope to have the Plaintiff’s Affidavit ready for you before the new year.)
- My documents are pretty much ready to go.
- I had time today to satisfy my curiosity regarding process.
You may wish to know: I googled “Canada Law Extortion Abuse Justice System”. The first thing that came up and the only link I looked at is a Government of Canada, Department of Justice website: A Handbook for Police and Crown Prosecutors on Criminal Harassment. The (last) Date modified is 2016-04-27, a “Print Screen” of the top of the page is appended. http://www.justice.gc.ca/eng/rp-pr/cj-jp/fv-vf/har/part1.html
I only had time for quick skim. And for “search page” for the word “Extortion”. You’ll find it under 1.6.1 So far (I will read more), I view it in the context of:
- my email to you of November 28, I propose that the Expedited procedures for claims under $100,000.00 set out in the “New Rules”, July 2013, would be appropriate) and
- your reply of November 29, It is our position that it would be inappropriate for this matter to proceed expeditiously, for the following reasons:
- This claim could easily exceed $100,000.00, . . .
My calculation of how you arrived at $100,000 is this:
There are 3 potential financial streams:
- I pay to settle
- LFC pays to settle and
- lawyer expenses.
How would those be apportioned? . . . It is documented that when the Plaintiff threatens different people that he will sue them, he consistently says it will cost them (a number that is more than $20,000) in legal bills.
So:
- the lawyer expenses part of the pie is roughly $25,000.
- Which leaves approximately $75,000 to bring us to your figuring This claim could easily exceed $100,000.00,
- The obvious split is: Sandra will be forced to settle for $50,000 or more. LFC will be forced to settle for $25,000 or more, making up the $75,000
I presume you are aware of the history of Court awards in cases of Defamation, a few thousand dollars at most for ordinary citizens, if they are found to be guilty.
Perhaps you are junior counsel, as is Rachelle for senior counsel Paul Wagner (representing LFC) and as was Samuel for Grant Scharfstein representing me.
To my way of thinking, and I could be completely wrong: this is a matter for discussion with a supervising senior, but perhaps that has already been done. I don’t know when “settlement” becomes “extortion”, but I do know that participation in extortion is a serious criminal offence. The Handbook confirms it. I hope this is helpful.
I remain committed to my reply to you, November 29. As I view it, it’s your call, and I have no desire to contest your decision which would only bring about more delay and expense.
From: Sandra Finley
Sent: November 29, 2016 6:00 PM
To: ‘Tyler Dahl’ <tdahl@cuelenaere.com>
Subject: RE: Solo v. Finley, QB 500 of 2015. NEXT STEP
Thanks for your reply Tyler.
No problem. We will proceed as you and your client wish – – to Questioning and pre-trial conference.
Best wishes,
Sandra Finley
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